The following words and terms, as used herein, shall have the meaning respectively ascribed to them as follows:
Alarm agent.
Any person employed by an alarm business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, leasing, servicing, responding to, or causing others to respond to an alarm device. The provisions of this section do not include persons who engage in the manufacture or sale of alarm systems from a fixed location and who neither visit the location where the alarm system is to be installed, nor design the scheme for the physical location of the alarm system in a specific location.
Alarm business.
Any individual, company, partnership, corporation, or proprietorship, along with any of its officers, directors, agents or employees, which alters, installs, leases, maintains, monitors, moves, repairs, replaces, sells, services, or responds to an alarm system, or which causes any of those activities to take place.
Alarm notification.
A notification intended to summon the police/fire department which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion, fire, or medical emergency.
Alarm site.
A single premises or location (one street address) served by an alarm system or systems that are under the control of one owner.
Alarm system.
A device or system which transmits a signal intended to summon aid from the police/fire department in case of a robbery, burglary, personal hostage, fire, or medical emergency. The term “alarm system” does not include a system installed on a vehicle or a system designed to alert only the persons within the premises which does not emit a signal visible or audible outside of the premises. Systems commonly referred to as burglar alarm systems, fire alarms, panic/alert systems and medical alert systems are included.
Alarm user.
Any owner or occupant of premises within the city where an alarm system is maintained.
Annunciator.
The instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals shows when an alarm device at a particular location has been activated, or it may also indicate line trouble.
ANSI.
The American National Standards Institute.
Answering service.
A telephone answering service providing among its services receiving on a continuous basis, through trained employees, emergency signals from alarm systems, and thereafter immediately relaying the message by live voice to the police/fire department.
Burglar alarm system.
An alarm system signaling an entry or attempted entry into an area protected by the system.
Central station.
An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where alarm signals are continuously monitored.
Chief of police.
The chief of police for the city or an authorized representative.
City council.
The mayor and city council of the city, or any part thereof.
Digital dialer signaling system.
An electronic alarm signaling system attached to an alarm system which when activated automatically seizes an existing telephone line and signals the alarm monitoring service or the police/fire department, where appropriate action is taken to respond to and/or investigate such signal.
False alarm notification.
An alarm notification to the police/fire department when the responding personnel find no evidence of robbery, burglary, personal hostage, fire or medical emergency, or attempted robbery, burglary, or personal hostage. False alarm notification includes the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of their employees or agents, except that the following shall not be considered false alarms:
(1) 
Alarms caused by the failure or malfunction of the monitoring equipment located in the police/fire department or its designated site.
(2) 
Alarms occurring on a repeated basis without apparent cause but where continuous and decided effort, in the sole opinion of the department, is being made jointly by the alarm business used by the alarm user for installation or servicing and any other concerned person to correct the malfunction expeditiously.
(3) 
Alarms caused by an attempted illegal entry of which there is visible evidence, illegal entry, or other demonstrable criminal activity.
(4) 
Alarms intentionally caused by a person acting under a reasonable belief that a need exists to call the police/fire department.
(5) 
Alarms followed by an immediate call to the police/fire department canceling the alarm by giving the proper code number, such call having been made prior to the arrival of the police/fire department at the alarm site.
(6) 
Alarms resulting from the servicing of an alarm system by an alarm business when, prior to such repair or service, the alarm user or their agent has notified in person the department that the alarm system will be repaired or serviced at the particular date and time coinciding with that alarm.
Fire chief.
The chief of the fire department of the city or any authorized representative.
Local alarm.
A signaling system which, when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.
Modified central station.
An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such modified central station is not listed by Underwriters’ Laboratories.
Operator.
Any employee of an alarm business whose duties include responding to or initiating responses to alarm system signals.
Owner.
The record title holder of real property.
Person.
Any individual, corporation, organization, partnership, association, or any other legal entity.
Police/fire department or department.
The city police department and/or the city fire department, including the communications/dispatch center and all authorized agents and employees thereof.
Radio frequency (RF) signaling system.
An alarm signaling system which, when activated by an alarm device, transmits a signal by radio frequency to a monitoring company or the police/fire department, where appropriate action is taken to respond to and/or investigate such signal.
Residence or residence site.
A structure intended as a dwelling unit, including but not limited to one-family dwelling units, apartments, condominiums, townhouses and duplexes.
Signal line.
The transmission line through which the signal passes from one of the elements of the signal transmission to another.
Telephone company.
Any utility that furnishes telephone services to the city.
UL.
Underwriters’ Laboratories.
(1996 Code, sec. 4.501)
(a) 
General standards; inspections.
Except where modified or qualified elsewhere herein, the following standards and inspections are required (a copy of all standards shall be available for public inspection at the police/fire department):
(1) 
All alarm systems installed in commercial establishments after the effective date of this article shall utilize equipment, components, and methods of installation equal to or exceeding the following minimum applicable UL or ANSI standards: UL 609 (ANSI SE2.1-1972), Local Burglar Alarm Units and Systems; UL 636 (ANSI SE2.7-1973), Hold-up Alarm Units and Systems; and UL 681 (ANSI SE2.3-1972), Installation and Classification of Mercantile and Bank Burglar Alarm Systems. All installations shall be made by an alarm business holding all required and current licenses issued by the state.
(2) 
All alarm systems installed in residences after the effective date of this article shall utilize equipment and components which shall be equivalent to or exceed the minimum applicable UL Standard 1023 (ANSI SE2.4-1972), Household Burglar Alarm Systems Units, and such equipment shall be installed in a safe, reliable and professional manner by an alarm business holding all required and current licenses issued by the state. If the alarm system is to include fire protection, then the alarm business, as well as the alarm technician installing the fire alarm system, must be licensed with the state commission on fire protection as required in section 5 of Texas Insurance Code article 5.43-2, Fire Detection and Alarm Devices, and the fire alarm rules issued by the state commission on fire protection. All alarm systems equipped with fire protection must meet all requirements as set out in the National Fire Alarm Codes as stated in the National Fire Protection Association (NFPA) standards.
(b) 
Additional requirements.
In addition to the requirements set forth by the current listed UL or ANSI standards, the following additional requirements shall be met for all alarm systems installed and operated in the city:
(1) 
All alarm systems installed after the effective date of this article and all alarm systems heretofore installed shall have a standby power supply for the control panel and attached equipment. This secondary source of power shall be so installed that, if the main source of power fails, the system shall not cause a non-valid alarm. All standby power [shall be] capable of operating the system for a minimum of four (4) continuous hours. All new installations shall have rechargeable power supplies installed at the time of the initial installation of the alarm system;
(2) 
All commercial alarm systems that use the telephone line to transmit a fire alarm signal must be equipped with a digital alarm communicator transmitter (ACT) as described in National Fire Protection Association NFPA 72;
(3) 
New alarm systems shall be installed in such a manner that the protective circuits shall indicate whether they are closed prior to being turned on; and
(4) 
All triggering devices utilized in alarm systems within the city shall be adjusted to the degree reasonably possible to suppress non-valid indications of fire or intrusion, so that alarms shall not be activated by natural phenomena, including but not limited to transient pressure changes in water pipes, short flashes of light, wind noises or exterior pressure change, such as rattling or vibration of windows or sonic booms, and vehicular noise adjacent to the installation.
(c) 
Systems which connect directly to police/fire department.
In addition to the aforesaid requirements for alarm systems, those alarm systems which connect directly to the police/fire department for monitoring shall meet or exceed the following standards:
(1) 
All alarm systems which are directly connected to the department shall be installed by a licensed alarm business in accordance with the standard procedures as published by the department.
(2) 
All alarm systems shall have the standby power sources required in subsection (b)(1) above installed and operational prior to interconnection to the police/fire department. In the fire alarm condition, local annunciation must be provided until manually reset. In the burglar alarm condition, the panel shall reset after fifteen (15) minutes in alarm status, but shall retain all indication of the prior alarm status until the system is manually disarmed.
(3) 
Fire alarm indications, when transmitted directly to the police/fire department, shall originate from smoke or heat detectors at the alarm site.
(4) 
Levels of communication defined:
(A) 
A Level One communication is an alarm signal which shall be monitored directly by the police/fire department.
(B) 
A Level Two communication shall consist of a digital dialing device with redundancy, programmed to transmit alarm signals via the residential telephone line and/or radio transmitter to an alarm monitoring station.
(d) 
Automatic shutoff required.
A local alarm installed after September 1, 1983, shall be designed and maintained to terminate the audible signal within fifteen (15) minutes of activation. A local alarm which sounds for a period in excess of fifteen (15) minutes shall constitute prima facie proof that the permit holder has violated this section.
(e) 
Maintenance of system.
A permit holder shall maintain the alarm system in such a manner as to assure proper operation and to minimize false alarm notifications. The alarm user shall assure that all batteries utilized as standby power sources in their alarm systems are tested at least once annually and replaced when found to be defective.
(f) 
Manual reset required.
The alarm permit holder for an alarm system which causes an alarm notification to be sent directly to the city shall adjust the mechanism so that upon activation the system will not transmit another alarm signal without first being manually reset.
(g) 
Reporting of alarm signals.
A permit holder commits an offense if he allows alarm signals to be reported through a relaying intermediary that is not licensed by the state private security bureau.
(h) 
Indirect alarm reporting.
A person who relays alarm notifications to the city shall communicate such alarm notifications only in a manner and form designated by the chief.
(i) 
Alarm dispatch records.
The chief shall maintain a written record of all alarm notifications, including but not limited to the following:
(1) 
Name of permit holder;
(2) 
Location of alarm site;
(3) 
Date and time of alarm notification;
(4) 
Name and badge number of the responding police officer or firefighter in charge of the response;
(5) 
Weather conditions; and
(6) 
Whether or not the notification was a false alarm notification.
(1996 Code, sec. 4.503)
(a) 
An alarm user shall pay a fee for each false alarm notification in accordance with a schedule to be adopted by the city council in the current master fee resolution. Each false alarm notification, other than a false fire alarm notification, is subject to the following conditions:
(1) 
The chief may terminate law enforcement responses to a permit holder because of excess false alarms if the permit holder fails to pay the false alarm fees required by this article. In order to effect termination, the chief must issue written notice to the alarm permit holder that the account is past due on false alarm charges. The notice must specify that law enforcement responses will be terminated if the alarm permit holder does not remit payment or make arrangements for payment within a period of time not less than thirty (30) days.
(2) 
The chief may set standards for burglary alarm systems to be permitted and may refuse to permit particular systems which in his discretion have a history of unreliability.
(3) 
The city may not consider a false burglary alarm to have occurred unless a response is made by the police department within thirty (30) minutes of the alarm notification and the police department determines from an inspection of the interior or exterior of the premises that the alarm was false.
(4) 
The penalty for the signaling of a false alarm by a burglary alarm system may not be imposed unless at least three other false alarms have occurred during the preceding twelve-month period. The penalty for a false alarm shall be established as part of the city’s master fee resolution.
(5) 
For other alarm systems, no fee shall be assessed for the first three (3) false alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of issuance of a permit, no fee shall be assessed for false alarm notifications received during the first thirty (30) days of the operation of the system and for the first three (3) false alarm notifications received during any calendar year.
(b) 
The permit holder shall pay a fee for each false fire alarm notification, except as follows: For alarm systems in existence and use at the time of the issuance of a permit, no fee shall be assessed for the first three (3) false fire alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of the issuance of a permit, no fee shall be assessed for false alarm notifications received during the first thirty (30) days of the operation of the system, and the first (3) false fire alarm notifications received during any calendar year.
(c) 
The chief shall, on a monthly basis, file with the city manager a report of false alarm notifications for which a fee is charged under the terms of this section. The city manager shall then send to the permit holder, at the address stated on the application, a statement for fees due. Such fees shall be paid by the permit holder within thirty (30) days of the date of the statement, and are delinquent after such thirty-day period.
(1996 Code, sec. 4.504)
All alarm businesses which monitor alarm systems protecting alarm sites within the city shall register with the department by completing a registration form to be provided by the department. The registration form shall require the alarm business to provide the following information and documents:
(1) 
The address where monitoring is physically performed by the alarm business, including the street address, city, state and zip code. The alarm business shall state whether their central station, modified central station, or answering service is UL listed; and
(2) 
A copy of all the current licenses if the alarm business holds licenses issued by the state.
(1996 Code, sec. 4.506)
(a) 
All alarm businesses conducting any operations (as defined under “alarm business”) in whole or in part within the city shall, within seven (7) working days prior to the commencement of the operations, provide the police/fire department a copy of all current licenses issued by the state, which will include the following:
(1) 
A copy of the alarm license issued by the state private security bureau; or
(2) 
A copy of the alarm license issued by the state commission on fire protection, if applicable to the work to be performed.
Both licenses are required if the alarm business services both burglar and fire alarm systems.
(b) 
It is the responsibility of any business and/or employee doing any type of digging or trench work within the utility easements or areas within the city to contact the applicable telephone company prior to beginning work and identify the location of any and all telephone cables that may be buried in the work area. If the telephone service is disrupted because the telephone/burglar alarm cable was damaged or cut causing activation of any residential or business burglar/fire alarm system, the chief will conduct an investigation. If the alarm business responsible for the damage to the telephone cable failed to contact the telephone company to identify the location of buried cable, the alarm business shall be fined a false alarm charge for each alarm signal activated at the department resulting from the cut or damaged cable.
(1996 Code, sec. 4.507)
Alarm users may elect to have their alarm systems connected directly to the police/fire department providing the following conditions are met:
(1) 
Their alarm system shall meet such written standards for installation, maintenance and connection set forth by the department;
(2) 
A valid alarm permit has been issued by the department for that alarm site;
(3) 
All applicable fees set by the city council in the master fee resolution for direct alarm monitoring services are timely paid; and
(4) 
The alarm system is maintained by an alarm business currently licensed by the state.
(1996 Code, sec. 4.508)
All alarm systems equipped with any exterior sound-producing device, including but not limited to gongs, buzzers, sirens, bells or horns, shall be equipped with a time device which limits the operation of such sound-producing device to a continuous fifteen (15) minutes, except that commercial establishments shall be allowed a continuous thirty (30) minutes of operation of the sound-producing devices.
(1996 Code, sec. 4.510)
(a) 
Systems monitored by police/fire department.
(1) 
For alarm systems which are directly monitored by the police/fire department, the department shall require inspections of the alarm system to insure compliance with the published standards prior to connecting the alarm system to the police/fire department alarm monitoring terminals.
(2) 
The alarm user of the alarm system which is directly monitored by the police/fire department may request written notice of such inspection. All inspections required under the provisions of this article shall be completed within thirty (30) days of the alarm user’s application for an alarm system permit. In the event that the alarm user cannot make the system available for inspection within a reasonable period of time, the department shall be authorized to delay granting a permit or temporarily suspend a permit already issued pending verification of compliance with the standards adopted herein.
(3) 
Should such inspection reveal any violations of the provisions of this article, a written report detailing such violation shall be promptly sent to the alarm user. Such report shall require the correction within thirty (30) days after receipt of the written notice from the department of the violation detected and shall state that a failure to comply may result in a revocation of the alarm user’s permit in accordance with provisions of this article relating to revocation of permits.
(4) 
Written notice from the department to any alarm user required in any section of this article shall be posted through the United States mail, certified return receipt requested, to the address stated in their alarm system permit or, at the discretion of the department, hand delivered to the alarm user’s address as stated in their alarm system permit application.
(5) 
If an alarm system directly connected to the police/fire department is damaged in any way to make it impossible to send alarm signals to the department, the alarm user will be notified by phone of the problem. It will be the responsibility of the alarm user to have the alarm system repaired to required standards where it can again be operational. The repairs must be made within thirty (30) days after notification. If the repairs are not completed within the allotted time period, the alarm user will be notified by certified mail that they will have ten (10) days to have the system repaired. In the event that the alarm user fails to repair the system within a reasonable time, the department reserves the right to disconnect the alarm user’s alarm system from direct monitoring with the department. If the certified letter is unclaimed by the alarm user and returned to the police/fire department, an officer from the department will securely post the letter to the front door of the residence with tape. The officer will then fill out an affidavit of fact concerning his actions in this matter.
(b) 
Systems installed after effective date of article.
All alarm systems installed within the city after the effective date of this article may be inspected by the department as provided in this article to assure compliance with its provisions. If an alarm system is found not to be in compliance with this article, the alarm user will be notified. If the violation is discovered during the time of installation, the problem must be corrected before the inspection can be completed and the permit issued. If the violation is discovered after the alarm system is permitted, the alarm user will be given sixty (60) days to bring the system into compliance with this article or the alarm permit will be revoked.
(c) 
Existing systems.
Permits for alarm systems currently utilized within the city will be issued by the department without inspection unless the alarm user elects to be monitored directly by the police/fire department, or the alarm system permit is revoked under the provisions of this article, in which case the alarm system will be inspected prior to restoration of the permit.
(1996 Code, sec. 4.509)
The police/fire department is authorized to designate city employees to receive special training and perform duties as inspectors to inspect alarm systems for compliance with the provisions of this article. The department shall set standards for training, conduct and performance for personnel conducting inspections.
(1996 Code, sec. 4.511)
The owner or person in control of premises commits an offense if he/she installs an alarm system or possesses an activated alarm system without first obtaining an alarm permit from the chief. A separate permit is required for each alarm site.
(1996 Code, sec. 4.502)
The application for such alarm permit shall contain the following information:
(1) 
Name, business address, home address, business telephone number and home telephone number of the person in whose name the permit is requested;
(2) 
Name, business telephone number, and home telephone number of two (2) persons who are authorized and have agreed to receive notification at any time from responding police or fire personnel to come to the alarm site within thirty minutes after receiving such notification;
(3) 
Classification of the alarm site as residential, commercial, or banking institution;
(4) 
Purpose of the alarm (i.e., burglary, robbery, fire or medical assistance, etc., or any combination thereof); and
(5) 
Any other information required by the chief to insure compliance with all provisions of this article.
(1996 Code, sec. 4.502(1))
The permit holder shall notify the chief of any change in the information contained in the application within five (5) days of such change. Any failure of the alarm user to update any of the information required to obtain an alarm permit as changes occur shall constitute a violation of this article.
(1996 Code, sec. 4.502(2))
If the application complies with all requirements of this article, the chief shall issue a permit.
(1996 Code, sec. 4.502(3))
Any false statement of a material nature made by an applicant for the purpose of obtaining a permit shall be grounds for denial of the issuance of the permit, or cancellation of the permit if one has been issued.
(1996 Code, sec. 4.502(4))
The permit required by this article shall be valid for a period of twelve (12) months from the date of its issuance, unless revoked by the chief under the provisions of this article. The permit shall be renewed annually by the chief upon payment by the permit holder of the annual renewal fee provided for in this article.
(1996 Code, sec. 4.502(6))
A nonrefundable initial fee and an annual renewal fee shall be paid for the permit by the applicant for each alarm system.
(1996 Code, sec. 4.502(7))
It is the responsibility of each alarm user to obtain an alarm permit before operating their alarm system. If a citizen purchases or occupies premises that have an alarm system monitored directly by the police/fire department, it is the new owner’s/occupant’s responsibility to obtain an alarm permit and indicate in writing to continue direct monitoring. If this process is not completed within 10 days of taking occupancy of the premises, the new owner/occupant will be mailed a certified letter instructing them to obtain the above permit and indicate in writing if they wish to continue direct alarm monitoring with the department. If the letter is unclaimed by the new owner/occupant and returned to the department, an officer will post the letter to the front door of the residence securely with tape. The officer will fill out an affidavit of fact concerning his actions in this matter. If the new owner/occupant does not respond within 10 days after receiving the certified letter, their alarm system will be disconnected from direct alarm monitoring with the city.
(1996 Code, sec. 4.502(8))
The alarm permit contains emergency contact information on the alarm user with necessary information about the alarm system. This permit must be obtained before operating an alarm system. If the alarm system is operated without a valid alarm permit and the system is activated resulting in an emergency response, the officer responding to the alarm will issue a citation in the name of the alarm user for “operating a non-permitted alarm system.” If the alarm user is not home at the time of the alarm activation, the citation may be left with any authorized adult person present at the time of the alarm response. If no one is home when the response is made, the officer issuing the citation will keep all copies with him/her and make several attempts to personally deliver the citation. If the citation cannot be delivered after seventy-two (72) hours, the officer will have the citation delivered by certified mail to the alarm user. The court date must be set for at least thirty (30) days from the date of the certified letter to allow for a proper response. If the certified letter is unclaimed by the alarm user and returned to the police/fire department, it will be returned to the officer who issued the citation to be hand delivered. This will be done by posting the letter to the front door of the residence securely with tape. The officer will then fill out an affidavit of fact concerning his/her actions in this matter.
(1996 Code, sec. 4.502(9))
(a) 
Grounds for revocation.
The chief shall revoke an alarm permit if he/she determines that:
(1) 
There is a false statement of a material nature in the application for a permit;
(2) 
The permit holder has violated any provisions of this article; or
(3) 
The permit holder is delinquent in payment of fees for false alarm notifications.
(b) 
Appeal of denial or revocation.
(1) 
If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action, the reasons for his action, and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the chief. In the event the appeal is for the revocation of a permit, the filing of an appeal shall allow the permit holder to continue to use the alarm system during the administrative appeal process. If an appeal is not made within such ten-day period, the action of the chief is final.
(2) 
The city manager shall serve as hearing officer at an appeal and shall consider evidence by any interested person. The formal rules of evidence do not apply at the appeal hearing. The city manager shall base his decision on a preponderance of the evidence, and may affirm, reverse, or modify the decision of the chief.
(3) 
The city manager shall make his/her decision on the matter and notify the applicant or permit holder of the decision in writing within fifteen (15) days of the hearing. The decision of the city manager is final as to administrative remedies with the city.
(c) 
Permit restoration.
If, after an alarm system permit has been revoked, the alarm user has made all necessary repairs or adjustments required by the department, and has complied with all provisions of this article, the department shall restore the alarm system permit.
(1996 Code, sec. 4.505)